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A BILL TO BE ENTITLED
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relating to the creation of the North San Gabriel Municipal Utility |
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District of Williamson County; granting a limited power of eminent |
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domain; providing authority to issue bonds; providing authority to |
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impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8432 to read as follows: |
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CHAPTER 8432. NORTH SAN GABRIEL MUNICIPAL UTILITY DISTRICT OF |
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WILLIAMSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8432.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the North San Gabriel Municipal |
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Utility District of Williamson County. |
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Sec. 8432.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8432.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8432.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8432.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8432.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8432.052, directors serve |
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staggered four-year terms. |
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Sec. 8432.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) _________________; |
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(2) _________________; |
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(3) _________________; |
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(4) _________________; and |
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(5) _________________. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8432.003; or |
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(2) September 1, 2017. |
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(c) If permanent directors have not been elected under |
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Section 8432.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8432.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8432.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8432.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8432.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8432.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8432.105. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8432.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8432.003. |
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(i) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8432.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by revenue other than ad valorem taxes. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8432.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8432.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8432.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, tax increment payments, grants, or |
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other district money, or any combination of those sources, to pay |
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for any authorized district purpose. |
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Sec. 8432.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8432.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The North San Gabriel Municipal Utility District |
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of Williamson County initially includes all the territory contained |
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in the following area: |
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TRACT 1 |
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BEING 846.46 acres which is situated in Williamson County, Texas; |
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and including a portion of an existing County Roadway No. 214, which |
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is in use as an undedicated public roadway crossing this site. This |
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property is situated in the following land grant surveys: Richard |
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West A-643, James Hackett A-312, John McDevitt A-415, William H. |
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McCullough A-465, J.H. Lee A-835, J.L. Brown A-788, and E. Mather |
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A-434. This property includes a tract called 832.52 acres as |
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described in a deed to ASC River Oaks Ranch Ltd. by deed filed in |
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Doc. 2006063875, Official Records of Williamson County, Texas |
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(ORWCT); and encloses a 5.00 acre tract which is subject to the Life |
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Estate of H.C. & B.Z. Carothers. Said 5.00 acres being conveyed to |
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ASC River Oaks Ranch Ltd. by deed filed in Doc. 2006063874 (ORWCT). |
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An Exception Tract which is enclosed by this description (and |
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having a separate chain of title) is the 1.00 acre tract (43637 |
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square feet area) which is described in a deed to Frank Haskell as |
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conveyed in Doc. 9862950 (Lot 1 of the Longhorn Sub., a plat filed |
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in Cab. G, Slide 96, Plat Records). Also included in this tract and |
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being conveyed as a part of this property is the 12.94 acre property |
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and associated easement rights which were conveyed to ASC River |
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Oaks Ranch Ltd. as described in Doc. 2006063876 (ORWCT). This |
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description does not include a separate 20.03 acre tract which was |
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conveyed to ASC River Oaks Ranch Ltd. (Doc. 2006063876). It is noted |
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that all monumentation found is in agreement with the record |
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descriptions except as specifically described hereafter. The |
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bearing basis for this survey is the State Plane Coordinate System |
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Grid North, Texas Central Zone. Line codes used in this description |
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are in agreement with the survey plat prepared in February of 2008 |
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and revised in August of 2008. This property was surveyed on the |
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ground in February of 2008, by William F. Forest, Jr., Registered |
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Professional Land Surveyor No. 1847. |
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BEGINNING at a 1/2 inch iron pin which was found in the Southeast |
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line of County Road 214, at the Southwest corner of the said 20.03 |
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acre property conveyed to ASC River Oaks Ranch Ltd. and at a corner |
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in the East boundary of the said 832.52 acre tract. This corner is |
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the record Point of Beginning of the said adjoining properties. |
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THENCE with the South line of the said 20.03 acre tract and the |
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North line of the 832.52 acre property, N 78 deg. 19 min. 30 sec. E |
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476.51 feet to a 3 inch pipe post found; N 80 deg. 18 min. 03 sec. E |
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271.33 feet to a 1/2 inch iron pin found; and (L63) N 80 deg. 18 |
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min. 03 sec. E 176.43 feet to the approximate center of the North |
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San Gabriel River. |
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THENCE following the East boundary of the said 832.52 acre property |
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and its common boundary with the property of Bill D. Warren (10 |
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10/502), downstream with the approximate center of the river, (L11) |
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S 46 deg. 43 |
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min. 33 sec. E 109.42 feet, S 59 deg. 27 min. 32 sec. E 282.99 feet; |
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(L12) S 73 deg. 26 min. 53 sec. E 193.06 feet; S 68 deg. 45 min. 42 |
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sec. E 657.07 feet; S 52 deg. 49 min. 13 sec. E joining the common |
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boundary of the property of Don Hart (681/877), in all 301.0 feet; S |
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42 deg. 59 min. 41 sec. E 276.64 feet to a 1/2 inch iron pin found; S |
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18 deg. 08 min. 05 sec. E 301.01 feet to a 1/2, inch iron pin found; |
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S 35 deg. 58 min. 46 sec. E 475.93 feet; and (L13) S 23 deg. 17 min. |
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44 sec. E 171.50 feet to the most Easterly Southeast corner of the |
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said property called 832.52 acres as described in the deed to ASC |
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River Oaks Ranch Ltd. |
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THENCE with the boundary of 40.13 acres conveyed to M.C. |
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Huffstutler, Jr. as described in Vol. 2541, Pg. 236; (with the |
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centerline of a dry branch) finding 1/2 inch iron pins as follows; |
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(L14) S 86 deg. 46 min. 55 sec. W 90.15 feet; (L15) N 51 deg. 39 min. |
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52 sec. W 61.91 feet; (L16) S 82 deg. 01 min. 17 sec. W 125.42 feet; |
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(L17) N 52 deg. 08 min. 49 sec. W 202.61 feet; N 33 deg. 11 min. 17 |
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sec. W 243.66 feet; (LI8) N 18 deg. 31 min. 22 sec. W 104.48 feet; |
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and (L19) S 61 deg. 41 min. 42 sec. W 181.21 feet. |
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THENCE continuing with the Huffstutler boundary, (L20) S 31 deg. 56 |
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min. 46 sec. E 21.38 feet to a nail found in an 18 inch Liveoak; |
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finding 1/2 inch iron pins in a fence as follows; (L21) S 21 deg. 42 |
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min. 35 sec. E 48.27 feet; (L22) S 13 deg. 23 min. 48 sec. E 96.79 |
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feet; (L23) S 02 deg. 18 min. 51 sec. E 100.41 feet to a nail found |
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in a 36" cedar; (L24) S 08 deg. 11 min. 11 sec. W 129.91 feet; (L25) |
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S 36 deg. 39 min. 40 sec. W 198.04 feet; and S 19 deg. 33 min. 23 sec. |
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E 831.90 feet. |
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THENCE along or near an existing fence, S 19 deg. 36 min. 59 sec. E |
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549.98 feet to a nail found in a 30 inch Liveoak at a West corner of |
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a 16.68 acre tract conveyed to R. Scott Mokry by Doc. 9706618. |
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THENCE with the South line of the John McDevitt Survey and the North |
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line of the E.B. Smith Survey, Abstract No. 585, along or near an |
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existing fence, finding 1/2 inch iron pins as follows; (with common |
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boundary of D.Q. Cardwell Doc. 9721391, and Pamela S. Cardwell Doc. |
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9707840) S 70 deg. 24 deg. 03 min. W385.43 feet; S 70 deg. 32 min. 54 |
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sec. W319.14 feet to the common North corner of David Parker Doc. |
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9903918 and Thad Gillespie 6 ac. Doc. 2001025074; S 70 deg. 36 min. |
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34 sec. W325.40 feet; S 70 deg. 46 min. 17 sec. W 350.12 feet to the |
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common North corner of Thad Gillespie 5.29 ac. Doc. 2000027374 and |
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Thad Gillespie 10.12 ac. Doc. 2002029891; S 70 deg. 26 min. 23 sec. |
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W 293.45 feet; S 70 deg. 54 min. 05 sec. W572.40 feet to the common |
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North corner between properties conveyed to Richard Cox, et. ux. |
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Doc. 9831913; S 70 deg. 57 min. 57 sec. W 401.66 feet to a 3 inch |
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pipe post found. |
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THENCE continuing with the North line of the J.L. Brown Survey, |
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Abstract No. 788 and the boundary of the Steve Watson property |
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(2692/186); S 70 deg. 57 min. 19 sec. W 2602.47 feet to a 1/2 inch |
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capped iron pin set in place of a nail found; S 71 deg. 11 min. 32 |
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sec. W 262.71 feet to a 3 inch pipe found; finding 1/2 inch iron pins |
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as follows S 70 deg. 31 min. 24 sec. W 536.78 feet; S 22 deg. 34 min. |
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56 sec. E 224.93 feet; (L26) S 17 deg. 31 min. 43 sec. E 160.30 feet |
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to a nail found in an 18 inch Liveoak; S 19 deg. 55 min. 24 sec. E |
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294.43 feet to a 1/2 inch capped iron pin set in place of a nail |
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found in an 18 inch Liveoak; (L27) S 24 deg. 57 min. 31 sec. E 176.20 |
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feet to a 3 inch pipe post found; S 30 deg. 52 min. 42 sec. E 527.65 |
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feet to a 1/2 inch iron pin found; finding 3 inch pipe posts as |
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follows; S 30 deg. 57 min. 25 sec. E 330.08 feet; (L28) S 26 deg. 03 |
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min. 07 sec. E 98.67 feet; (L29) S 19 deg. 41 min. 50 sec. E 124.35 |
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feet; and S 19 deg. 48 min. 19 sec. E 248.65 feet to a 1/2 inch iron |
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pin found |
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THENCE along or near the general line of an existing fence with the |
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South boundary of the said 832.52 acre tract and its common boundary |
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with Lot 10 of Rolling Hills Unit 2 a subdivision of record in Cab. |
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G, Slide 308, S 49 deg. 46 min. W 181.28 feet to a 1/2 inch iron pin |
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found in the curved East line of a cul-de-sac which is the Northern |
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termination of Rolling Hills Road according the plat for Rolling |
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Hills Unit 2. |
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THENCE departing the existing fence with the curved line of the |
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cul-de-sac, 151.61 feet with the arc of the curve to the left having |
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a radius of 50 feet, the chord bears S 27 deg. 53 min. 28 sec. W |
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99.85 feet to a steel cotton spindle found; continuing with the |
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right-of-way line of Rolling Hills Road, (UO) S 01 deg. 01 min. 35 |
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sec. W 45.55 feet to a 1/2 inch iron pin found. |
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THENCE with the boundary of Rolling Hills Unit 2, (finding 1/2 inch |
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iron pins as follows); (L31) N 76 deg. 33 min. 45 sec. W 294.62 feet; |
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(L32) S 13 deg. 25 min. 29 sec. W 151.80 feet; (L33) S 13 deg. 26 |
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min. 33 sec. W 152.11 feet; (L34) S 13 deg. 25 min. 13 sec. W 151.95 |
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feet; (L35) S 13 deg. 26 min. 21 sec. W 152.02 feet; (L36) S 13 deg. |
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27 min. 37 sec. W 70.03 feet; (L37) S 54 deg. 17 min. 07 sec. W |
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157.77 feet; (L38) S 54 deg. 10 min. 16 sec. W 49.90 feet; S 54 deg. |
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11 min. 36 sec. W 294.40 feet; S 65 deg. 31 min. 15 sec. W662.90 |
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feet; (L39) S 65 deg. 17 min. 23 sec. W 126.78 feet; N 78 deg. 29 |
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min. 47 sec. W 271.11 feet to a 3 inch pipe post; (L40) N 73 deg. 15 |
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min. 45 sec. W 50.57 feet to a 3/8 inch iron pin found; (finding 1/2 |
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inch iron pins as follows); N 73 deg. 25 min. 34 sec. W 198.52 feet; |
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(L42) N 73 deg. 40 min. 42 sec. W 153.10 feet; (L43) N 73 deg. 33 |
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min. 36 sec. W 152.93 feet; (L44) N 73 deg. 29 min. 12 sec. W 152.37 |
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feet; (L45) N 73 deg. 29 min. 12 sec. W 157.59 feet; N 81 deg. 27 |
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min. 07 sec. W 285.15 feet to a 5/8 inch iron pin found; and S 81 |
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deg. 08 min. 08 sec. W 230.99 feet to a 1/2 inch iron pin found. |
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THENCE with the boundary of the Mexican Cemetery as marked by 1/2 |
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inch iron pins found, along or near an existing fence; (L46) N 05 |
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deg. 24min. 10 sec. W 95.60 feet; and (L47) S 84 deg. 46 min. 22 sec. |
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W 138.82 feet to the East line of County Road 214. |
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THENCE with the East line of County Road 214, finding 1/2 inch iron |
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pins as follows; N 06 deg. 40 min. 53 sec. W608.80 feet (to the |
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Southwest corner of the easement described in Doc. 2003028132, as |
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formerly providing access to the 12.94 acre property which is now |
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interior to this tract); (L67) N 06 deg. 43 min. 49 sec. W 79.97 |
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feet; and N 06 deg. 16min. 25 sec. W 421.81 feet. |
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THENCE with the boundary of the 3.18 acres described in Vol. 629, |
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Pg. 362, (L71) N 42 deg. 29 min. 44 sec. E 22.33 feet to a 1/2 inch |
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iron pin found; N 69 deg. 33 min. 53 sec. E 346.98 feet to a 1/2 inch |
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iron pin found at a fence corner; N 18 deg. 30 min. 21 sec. W 490.07 |
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feet to a 1/2 inch iron pin found; and N 18 deg. 30 min. 14 sec. W 21 |
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1.08 feet to a 1/2 inch iron pin found at a fence corner. |
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THENCE with the boundary of the 70.2436 acres conveyed to Lookout |
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Partners in Doc. 2004087804, finding 1/2 inch iron pins at fence |
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corners except as noted as follows; N 35 deg. 17 min. 23 sec. E |
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630.33 feet (nail found in 30" Liveoak); S 39 deg. 05 min. 40 sec. E |
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263.98 feet; N 28 deg. 35 min. 09 sec. E 836.76 feet; S 77 deg. 05 |
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min. 53 sec. E 829.57 feet; N 42 deg. 05 min. 13 sec. E 1013.97 feet; |
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N 19 deg. 50 min. 49 sec. W 1273.08 feet; and N 21 deg. 44 min. 39 |
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sec. W 12.65 feet to a nail found in a 30 inch Liveoak. |
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THENCE with the boundary of a 7.2865 ac. tract conveyed to Lookout |
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Partners Development Group L.P. as described in Doc. 2004078613, N |
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33 deg. 10 min. 05 sec. E 488.58 feet to a 1/2, inch pin found at a |
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fence corner; and (L54) N 16 deg. 54 min. 31 sec. W 170.32 feet to a |
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1/2 inch iron pin found. |
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THENCE crossing County Road 214, N 04 deg. 17 min. 39 sec. W (L53) at |
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80.53 feet pass the intersection of the East line of San Gabriel |
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Ranch Road with the North line of County Road 214, continuing in all |
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191.67 feet to an iron pin found at a bend in the fence; continuing |
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along the general line of an existing fence with the East line of |
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San Gabriel Ranch Road, and the West line of the said 832.52 acre |
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property, finding 1/2 inch iron pins as follows; N 18 deg. 50 min. |
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37 sec. W 554.52 feet; N 19 deg. 23 min. 57 sec. W591.32 feet; and N |
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20 deg. 12 min. 27 sec. W 691.83 feet. This corner exists at the |
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Southwest fence corner of the Bart Brown Life Estate (71.657 ac.) |
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retained in a deed to Danna G.B. Langston et. al. of record in Doc. |
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9611608. |
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THENCE along the fenced boundary of the said 71.657 acres, N 70 deg. |
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49 min. 59 sec. E 567.13 feet to a 1/2 inch iron pin found; N 70 deg. |
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14 min. 48 sec. E 519.63 feet to a nail found in an 18 inch Liveoak; |
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N 70 deg. 51min. 58 sec. E 440.53 feet to a 1/2 inch iron pin found |
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at a fence corner; (L1) N 17 deg. 55 min. 56 sec. W 166.71 feet to a |
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1/2 inch iron pin found; (L2) N 17 deg. 30 min. 30 sec. W 146.58 feet |
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to a nail found in a 14 inch Liveoak; (L3) N 18 deg. 12 min. 14 sec. W |
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154.94 feet to a 1/2 inch iron pin found; N 17 deg. 39 min. 05 sec. W |
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421.57 feet to a 1/2 inch iron pin found; N 17 deg. 38 min. 21 sec. |
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W356.03 feet to a 3/4 inch pipe found at a fence corner; finding 1/2 |
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inch iron pins in remnants of the fence as follows; N 71 deg. 05 min. |
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47 sec. E 725.49 feet; N 70 deg. 07 min. 08 sec. E 288.93 feet; N 71 |
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deg. 17 min. 02 sec. E 446.41 feet; and N 71 deg. 17 min. 02 sec. E |
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252.90 feet to the approximate center of the North San Gabriel |
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River. |
|
THENCE downstream with the approximate center of the river, finding |
|
1/2 inch iron pins in the bed of the river as follows; (L4) S 25 deg. |
|
36 min. 25 sec. E 16.47 feet; S 70 deg. 24 min. 37 sec. E 565.27 |
|
feet; and N 76 deg. 52 min. 27 sec. E 337.99 feet. |
|
THENCE with the East line of County Road 214 and with the West line |
|
of the 20.03 acre tract conveyed to ASC River Oaks Ranch, Ltd., |
|
(L55) S 04 deg. 51 min. 34 sec. E 111.48 feet to a 1/2 inch iron pin |
|
found; finding nails as follows; (L56) S 24 deg. 51 min. 57 sec. E |
|
54.51 feet (in post); continuing along or near an existing fence as |
|
follows; (L57) S 49 deg. 34 min. 02 sec. E 85.47 feet (by post); S 51 |
|
deg. 37 min. 44 sec. E 253.37 feet (in a 12 inch Liveoak); S 44 deg. |
|
21 min. 21 sec. E 486.27 feet (to a capped iron pin set in place of a |
|
nail found in a cattle guard, called nail by post); finding pipe |
|
posts as follows; (L58) S 40 deg. 51 min. 46 sec. E 101.23 feet; |
|
(L59) S 15 deg. 39 min. 39 sec. E 82.86 feet; (L60) S 04 deg. 23 min. |
|
52 sec. E 88.87 feet; and (L61) S 13 deg. 48 min. W 309.86 feet to |
|
the POINT OF BEGINNING. |
|
TRACT 2 |
|
BEING 20.03 acres (872,584 square feet area) of the John McDevitt |
|
Survey, Abstract No. 415, in Williamson County, Texas. This tract |
|
is the same 20.03 acre property which was conveyed to ASC River Oaks |
|
Ranch, Ltd. as described in a deed of record in Doc. 2006063877, of |
|
the Official Records of Williamson County, Texas. The bearing basis |
|
for this survey is the State Plane Coordinate System Grid North, |
|
Texas Central Zone. Line codes used in this description are in |
|
agreement with the Land Title Survey plat revised this date. This |
|
tract was surveyed on the ground in February of 2008, by William F. |
|
Forest, Jr., Registered Professional Land Surveyor No. 1847. |
|
BEGINNING at an iron pin which was found in the East line of County |
|
Road 214 at the Southwest corner of the said 20.03 acre property |
|
conveyed to ASC River Oaks Ranch, Ltd. and at a corner in the East |
|
boundary of the 832.52 acre property which was conveyed to ASC River |
|
Oaks Ranch, Ltd. as described in Doc. 2006063875 (ORWCT). |
|
THENCE with the East line of County Road 214, and a boundary of the |
|
said 832.52 acre tract, along the general line of an existing fence, |
|
finding pipe posts as follows; (L61) N 13 deg. 48 min. E 309.86 |
|
feet; (L60) N 04 deg. 23 min. 52 sec. W 88.87 feet; (L59) N 15 deg. |
|
39 min. 39 sec. W 82.86 feet; (L58) N 40 deg. 51 min. 46 sec. W |
|
101.23 feet to a capped iron pin set in place of a nail found in a |
|
cattle guard, called nail by post); and N 44 deg. 21 min. 21 sec. W |
|
486.27 feet to a nail found in a 12 inch Liveoak. |
|
THENCE with the East line of County Road 214, N 51 deg. 37 min. 44 |
|
sec. W 253.37 feet to a nail found by a post; (L57) N 49 deg. 34 min. |
|
02 sec. W 85.47 feet to a nail found by a post; (L56) N 24 deg. 51 |
|
min. 57 sec. W 54.51 feet to a 1/2 inch iron pin found; and (L55) N |
|
04 deg. 51 min. 34 sec. W 111.48 feet to a 1/2, inch iron pin found |
|
in a gravel bar, near the center of the channel of the North San |
|
Gabriel River. |
|
THENCE downstream with the approximate center of the channel of the |
|
River, and the common boundary between the said 20.03 acre tract and |
|
the property conveyed to Bill D. Warren (1010/502) as follows; N 71 |
|
deg. 52 min. 46 sec. E 293.16 feet; (L5) N 87 deg. 04 min. E 119.72 |
|
feet; (L6) S 78 deg. 06 min. 07 sec. E 65.15 feet; (L7) S 64 deg. 07 |
|
min. 30 sec. E 93.18 feet; S 54 deg. 57 min. 49 sec. E 210.41 feet; |
|
(L8) S 41 deg. 36 min. 49 sec. E 130.55 feet; S 44 deg. 31 min. 58 |
|
sec. E 229.38 feet; S 42 deg. 57 min. 17 sec. E 229.44 feet; (L9) S |
|
31 deg. 47 min. 19 sec. E 183.70 feet; (LI0) S 35 deg. 42 min. 24 |
|
sec. E 155.03 feet; and S 39 deg. 55 min. 32 sec. E 399.37 feet. |
|
THENCE with the South line of the said 20.03 ac. tract conveyed to |
|
ASC River Oaks Ranch, Ltd., and with the lower North line of the |
|
said 832.52 acre tract, (L63) S 80 deg. 18 min. 03 sec. W 176.43 feet |
|
to a 1/2 inch iron pin found; S 80 deg. 18 min. 03 sec. W 271.33 feet |
|
to a 3 inch pipe post; and S 78 deg. 19 min. 30 sec. W 476.51 feet to |
|
the POINT OF BEGINNING. |
|
EXCEPTION TRACT |
|
BEING 1.00 acre (43637 square feet area) in Williamson County, |
|
Texas, Lot 1 of the Longhorn Subdivision, a plat filed in Cabinet G, |
|
Slide 96, Plat Records (Retrieval number called Doc. 8522659 |
|
Official Records) of Williamson County, Texas. This tract is the |
|
same property which is described in a deed to Frank Haskell of |
|
record in Doc. 9862950, Official Records of Williamson County, |
|
Texas (ORWCT) and is the same 1 acre Exception tract which is |
|
described in a deed to ASC River Oaks Ranch, Ltd. of record in Doc. |
|
2006063875 (ORWCT). The bearing basis for this survey is the State |
|
Plane Coordinate System Grid North, Texas Central Zone. Lines codes |
|
used in this description are in agreement with the Land Title Survey |
|
plat prepared in February of 2008 and revised in August of 2008. |
|
This tract was surveyed on the ground in February of 2008, by |
|
William F. Forest, Jr., Registered Professional Land Surveyor No. |
|
1847. |
|
BEGINNING at a 1/2 inch iron pin which was found in the North line of |
|
County Road 214 at the Southwest corner of said Lot 1 of the |
|
Longhorn Subdivision and at the Southwest corner of the property |
|
conveyed to Frank Haskell. A 1/2 inch iron pin which was found at a |
|
corner of the 832.52 property conveyed to ASC River Oaks Ranch, Ltd. |
|
as described in Doc. 2006063875 which encircles this tract, (said |
|
corner existing at the intersection of the extension of the East |
|
line of San Gabriel Ranch Road with the South line of County Road |
|
214) stands (L52) S 47 deg. 53 min. 13 sec. W 309.03 feet and (L53) S |
|
04 deg. 17 min. 39 sec. E 80.53 feet. |
|
THENCE (LSI) N 18 deg. 40 min. 53 sec. W 339.11 feet to a 1/2 inch |
|
iron pin found. |
|
THENCE (L48) N 71 deg. 19 min. 07 sec. E 139.43 feet to a 1/2 inch |
|
iron pin found. THENCE (L49) S 18 deg. 40 min. 53 sec. E 285.73 feet |
|
to a 1/2 inch iron pin found. THENCE with the North line of County |
|
Road 214, (L50) S 50 deg. 22 min. 07 sec. W 149.30 feet to the POINT |
|
OF BEGINNING. |
|
TRACT 3 |
|
BEING A 77.5254 ACRE TRACT OF LAND OUT OF THE JAMES HACKETT SURVEY |
|
ABSTRACT NO. 312 AND THE WILLIAM H. McCULLOUGH SURVEY, ABSTRACT NO. |
|
465 IN WILLIAMSON COUNTY, TEXAS, WHICH INCLUDES A PORTION IN USE AS |
|
COUNTY ROAD 214 (NO DEDICATING INSTRUMENT FOUND), BEING ALL OF A |
|
7.2865 ACRE TRACT CONVEYED TO LOOKOUT PARTNERS DEVELOPMENT GROUP LP |
|
IN DOCUMENT NO. 2004078913, OFFICIAL PUBLIC RECORDS, WILLIAMSON |
|
COUNTY, TEXAS, AND ALL OF A 70.2436 ACRE TRACT ALSO CONVEYED TO |
|
LOOKOUT PARTNERS DEVELOPMENT GROUP LP IN DOCUMENT NO. 2004087804, |
|
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS AND BEING MORE |
|
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS |
|
BEGINNING at a 1/2" iron rod found at a fence intersection on the |
|
South R.O.W. line of County Road No. 214, being the Northerly corner |
|
of a 3.18 acre tract conveyed to Williamson County in Vol. 629, Pg. |
|
362, Deed Records, Williamson County, Texas, and the Northwest |
|
corner of an 865.49 acre tract conveyed to Texas Land Fund No.6, LP, |
|
in Document No. 2008064005, Official Public Records, Williamson |
|
County, Texas. Said iron rod also being the Southwest corner of the |
|
said 70.2436 acre tract, the Southwest corner of this tract, and the |
|
POINT OF BEGINNING. |
|
THENCE N 20° 46' 16" W, across County Road 214, 79.51 feet to a 1/2'" |
|
iron rod found at a fence corner being an angle point in the West |
|
line of this tract. |
|
THENCE N 19° 34' 18" W, at 116.44 feet pass the Southeast corner of |
|
Lot 104, Sundance Ranch North Phase Two, as recorded in Cab. R, Sl. |
|
7-11, Plat Records, Williamson County, Texas, continuing with the |
|
East line of Lots 104 and 159 of said Sundance Ranch North Phase |
|
Two, a total distance of 1213.04 feet to a 1/2" iron rod found on the |
|
South line of Lot 158 of said subdivision being the Northeast corner |
|
of said Lot 159, the Northwest corner of the said 70.2436 acre |
|
tract, and the Northwest corner of this tract. |
|
THENCE with the South line of Lots 158, 157, and 156 of said |
|
subdivision, the following two courses and distances: |
|
1) N 70° 12' 54" E, 584.47 feet to a 1/2" iron rod found. |
|
2) N 71 ° 04' 10" E, at 697.99 feet pass a 1/2" iron rod found being |
|
an angle point in the South line of said Lot 156 also being the |
|
Northeast corner of a 20' strip dedicated for additional |
|
right-of-way by said Sundance Ranch North Phase Two plat, in all a |
|
total distance of739.67 feet to a 1/2" iron rod found at a fence |
|
corner on the North R.O.W. line of County Road No. 214. |
|
THENCE S 73° 39' 17" E, crossing County Road 214, 71.80 feet to a |
|
1/2" iron rod found on the fenced South line of County Road 214, |
|
being the Easternmost corner of the said 7.2865 acre tract. |
|
THENCE with the fenced South R.O.W. line of County Road No. 214, |
|
also being the North line of the said 7.2865 acre tract, the |
|
following six (6) courses and distances. |
|
1) N 26° 36' 41" E, 344.09 feet to a 1/2" iron rod found for an angle |
|
point. |
|
2) N 37° 07' 31" E, 601.88 feet to a 1/2" iron rod found for an angle |
|
point. |
|
3) N 48° 23' 19" E, 317.01 feet to a 1/2" iron rod found for an angle |
|
point. |
|
4) N 41 ° 44' 47" E, 579.63 feet to a 1/2" iron rod found for an angle |
|
point. |
|
5) N 36° 39' 30" E, 282.33 feet to a 1/2" iron rod found for an angle |
|
point. |
|
6) N 40° 45' 15" E, 88.37 feet to a 1/2" iron rod found at an angle |
|
point on the North line of the said Texas Land Fund No.6 LP tract, |
|
being the Northeast corner of the said 7.2865 acre tract and the |
|
Northeast corner of this tract. |
|
THENCE with the North and West line of the said Texas Land Fund No.6 |
|
LP tract, the following nine (9) courses and distances: |
|
1) S 16° 04' 55" E, 170.29 feet to a 1/2" iron rod found, being the |
|
Southeast corner of the said 7.2865 acre tract. |
|
2) S 34° 02' 01" W, 488.61 feet to a 60d nail found at the base of a |
|
36" live oak, being the Northeast corner of the said 70.2436 acre |
|
tract. |
|
3) S 20° 43' 18" E, 12.64 feet to a 1/2" iron rod found. |
|
4) S 19° 00' 00" E, 1273.16 feet to a 1/2" iron rod found, being the |
|
Southeast corner of the said 70.2436 acre tract. |
|
5) S 42° 57' 24" W, 1013.90 feet to a 1/2" iron rod found. |
|
6) N 76° 14' 43" W, 829.54 feet to a 1/2" iron rod found. |
|
7) S 29° 26' 44" W, 836.72 feet to a 1/2" iron rod found. |
|
8) N 38° 11' 05"W, 264.07 feet to a 60d nail found at the base of a |
|
17' live oak. |
|
9) S 36° 10' 28" W, 630.29 feet to the POINT OF BEGINNING and |
|
containing 77.5254 acres of land more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8432, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8432.106 to read as follows: |
|
Sec. 8432.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2013. |